Repaci v. Repaci

Appellate Division of the Supreme Court of New York

Repaci v. Repaci

97 A.D.2d 790, 468 N.Y.S.2d 590, 1983 N.Y. App. Div. LEXIS 20546

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 14, 1983

StatusPublished

This text of 97 A.D.2d 790 (Repaci v. Repaci) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Repaci v. Repaci, 97 A.D.2d 790, 468 N.Y.S.2d 590, 1983 N.Y. App. Div. LEXIS 20546 (N.Y. Ct. App. 1983).

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Opinion

In a divorce action, the defendant husband appeals (1) from an order of the Supreme Court, Westchester County (Marbach, J.), entered April 8, 1983, which, upon the plaintiff wife’s motion, granted her temporary maintenance of $100 per week and a counsel fee of $1,500 and (2) as limited by defendant’s brief, from so much of a further order of the same court, entered May 4,1983, as, upon granting his motion for reargument, adhered to its original determination. Appeal from the order entered April 8, 1983, dismissed, without costs or disbursements. That order was superseded by the order entered May 4,1983 upon reargument. Order entered May 4, 1983, affirmed insofar as appealed from, without costs or disbursements. All of the evidence in the record, including the official form financial affidavit submitted by the defendant husband on his motion for “reargument”, supports the awards by Special Term for temporary maintenance and a temporary counsel fee. We note that on reargument, defendant’s own affidavit suggested an award for temporary maintenance of $75 per week. We find no basis for disturbing Special Term’s determination. Mollen, P. J., Damiani, Mangano and Gulotta, JJ., concur.

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In a divorce action, the defendant husband appeals (1) from an order of the Supreme Court, Westchester County (Marbach, J.), entered April 8, 1983, which, upon the plaintiff wife’s motion, granted her temporary maintenance of $100 per week and a counsel fee of $1,500 and (2) as limited by defendant’s brief, from so much of a further order of the same court, entered May 4,1983, as, upon granting his motion for reargument, adhered to its original determination. Appeal from the order entered April 8, 1983, dismissed, without costs or disbursements. That order was superseded by the order entered May 4,1983 upon reargument. Order entered May 4, 1983, affirmed insofar as appealed from, without costs or disbursements. All of the evidence in the record, including the official form financial affidavit submitted by the defendant husband on his motion for “reargument”, supports the awards by Special Term for temporary maintenance and a temporary counsel fee. We note that on reargument, defendant’s own affidavit suggested an award for temporary maintenance of $75 per week. We find no basis for disturbing Special Term’s determination. Mollen, P. J., Damiani, Mangano and Gulotta, JJ., concur.

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Bluebook (online)

97 A.D.2d 790, 468 N.Y.S.2d 590, 1983 N.Y. App. Div. LEXIS 20546, Counsel Stack Legal Research, https://law.counselstack.com/opinion/repaci-v-repaci-nyappdiv-1983.